PNO NO.850770274 PARSHURAM CHAUDHARY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 2 OTHERS
WRIA/6888/2025 · 2025-06-24
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147189 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147189 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36213 Court No. - 3 Case :- WRIT - A No. - 6888 of 2025 Petitioner :- Pno No.850770274 Parshuram Chaudhary Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 2 Others Counsel for Petitioner :- Santosh Kr. Yadav Warsi,Adityendra Maurya,Deepesh Kumar Yadav,Rati Yadav,Viswash Counsel for Respondent :- C.S.C. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State and perused the record. 2. By means of present writ petition, the petitioner has assailed the impugned transfer order dated 11.06.2025 passed by the opposite party no.2, whereby he has been transferred from Gonda to Ghaziabad. 3. Learned counsel for the petitioner submits that the petitioner is going to retire on 31.12.2026 and he has also placed reliance on the Standing Order dated 04.03.2014 of the Uttar Pradesh P.A.C. Headquarter, Mahanagar, Lucknow, wherein it is provided that the employee, whose retirement is due within two years, shall be posted according to his desire. 4. It is also submitted that the petitioner was posted in District Gonda since 2008, but at present he is attached with B.D.D.S. Shirnee Unit Ayodhya and his home district is Mahrajganj. It is further submitted that vide impugned order, the petitioner has been transferred to Ghaziabad, which is more than 400 kilometers away from his present place of posting. 5. Learned counsel for the petitioner has relied on the order dated 06.09.2021 passed by Hon'ble Supreme Court in Special Leave to Appeal (C) No.36717/2017; Namrata Verma vs. State Uttar Pradesh and Ors. and an order dated 12.06.2025 passed by this Court in Writ-A No.6824 of 2025; Shyam Sunder Rawat Alias Shyam Sunder vs. State of U.P and Others. 6. Learned Standing Counsel has opposed the writ petition and submitted that the petitioner is holding a transferable post, therefore, he is under duty bound to join at his transferred post. 7.
In view of the aforesaid facts and circumstances of the case, the impugned order dated 11.06.2025 to the extent of transferring the petitioner is hereby set-aside/quashed and the petitioner is directed to move a representation before the opposite party no.2 within a week from today along with a certified copy of this order and the same shall be considered and decided by the opposite party no.2 by passing a reasoned and speaking order in view of the observations made above within three weeks thereafter. It is made clear that if the petitioner does not submit his representation within the time specified, then the benefit of this order shall not be available to him. 8. With the aforesaid observations/directions, instant writ petition is disposed of. (Brij Raj Singh,J.) Order Date :- 24.6.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench